Sample Letter 2

[DATE]

Chief of Civil Penalties
Office of Foreign Assets Control
U.S. Treasury Department
1500 Pennsylvania Avenue, NW.
Washington DC 20220

Re: Response to Prepenalty Notice
FAC No. CU-[INSERT "CU" NUMBER FROM LETTER REC'D FROM OFAC]
[INSERT YOUR NAME]
[Either print this letter on stationery or add other lines here with address & phone.]
Dear Chief of Civil Penalties:

This letter is in response to the above-referenced Prepenalty Notice dated [INSERT DATE OF PREPENALTY NOTICE], which was postmarked on [INSERT DATE OF POSTMARK ON ENVELOPE] and received on [INSERT DATE NOTICE RECEIVED].
I assert my Fifth Amendment privilege against self-incrimination. I specifically reserve my right to amend or supplement this response, or to raise at a later time facts and arguments here omitted. In addition, I invoke my right to a hearing in connection with this matter. Without waiving any of my rights, I offer the following affirmative defenses:

The Office of Foreign Assets Control's (“OFAC”) action, including the proposed penalty, is arbitrary and capricious, and fails to set forth the basis upon which said penalty or the amount thereof is based;

OFAC's action, including the penalty proposed, violates my due process rights;

OFAC's action, including the penalty proposed, is a violation of my rights to travel abroad, to seek information through foreign travel relevant to public issues, and to exchange information and views with foreign persons, all as guaranteed by the First and Fifth Amendments to the Constitution of the United States;

OFAC's action, including the penalty proposed, constitutes discriminatory enforcement of the laws on the bases of race, color, national origin, political viewpoint and association, in violation of the laws and the Constitution of the United States, including the First and Fifth Amendments, and is arbitrary and capricious (in this respect, it is noted that substantial numbers of Cuban-Americans and others travel to Cuba with the knowledge of OFAC, in apparent violation of the Cuban Assets Control Regulations, but without consequence);

The Cuban Assets Control Regulations discriminate based on national origin by allowing Cuban-Americans broader license to travel to Cuba than persons of different ethnic and national origin, and are not narrowly tailored to meet a compelling government interest, in violation of the Equal Protection Clause;

OFAC's proposed penalty violates my rights under the Excessive Fines Clause of the Eighth Amendment;

OFAC's action, including the penalty proposed, is invalid because it relies on a presumption that compels me to give evidence against myself in violation of the privilege against self-incrimination under the Fifth Amendment to the Constitution of the United States; and

OFAC is precluded from asserting the claims set forth in the Notice by reason of the prejudice to me and to the detriment thereof, all of which has resulted from the agency's failure to pursue said claim in a timely fashion.

I hereby request that OFAC voluntarily dismiss this matter in the interest of justice.
Signature and date:_______________________________